Legal Question in Criminal Law in Virginia
Any Legal Recourse after felony plea to uttering
I have accepted a plea in Alexandria and received 2 years all suspended for uttering. I have no priors. I am not guilty. I was not effectively represented. I have a JD. My motion to withdraw the guilty plea was denied. My original Public Defender was removed for cause. My 2nd court appointed attorney did not do or say much. I have been advised that a motion to reconsider the plea withdrawal would be useless, because it is the sole discretion of the judge. Do I have any legal recourse?
1 Answer from Attorneys
Re: Any Legal Recourse after felony plea to uttering
If you were not guilty, why in heavens name did you enter a guilty plea? At least if you had gone to trial and lost you could've appealed. And on top of that, all of these missteps by a law student graduate who is represented by two different attorneys. (Hard to figure, to say the least.)
Furthermore, the conviction for a felony will
likely bar you from ever obtaining a license to practice law in the Commonwealth, not to mention many other jurisdictions.
The advice you've been given regarding the motion for reconsideration is correct and would very likely, as you've already noted, avail you of nothing. And, therefore, you with the J.D., now stand in the shoes of just another hapless defendant, convicted after having failed to undertake a proper defense to charges of which you may have been innocent, are now, I would opine, without a remedy.
Without fail, I always advise each and every one of my clients charged with a crime, never to enter a plea of guilty to something which they did not do.
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